Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2018-12-12 and last amended on 2018-10-17. Previous Versions

PART IIOffences Against Public Order (continued)

Treason and other Offences against the Queen’s Authority and Person (continued)

Marginal note:Punishment for high treason

  •  (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Punishment for treason

    (2) Every one who commits treason is guilty of an indictable offence and liable

    • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

    • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

    • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

  • Marginal note:Corroboration

    (3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • Marginal note:Minimum punishment

    (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

  • R.S., c. C-34, s. 47;
  • 1974-75-76, c. 105, s. 2.

Marginal note:Limitation

  •  (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

  • Marginal note:Information for treasonable words

    (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

    • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

    • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

  • R.S., c. C-34, s. 48;
  • 1974-75-76, c. 105, s. 29.

Prohibited Acts

Marginal note:Acts intended to alarm Her Majesty or break public peace

 Every one who wilfully, in the presence of Her Majesty,

  • (a) does an act with intent to alarm Her Majesty or to break the public peace, or

  • (b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 49.

Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason

  •  (1) Every one commits an offence who

    • (a) incites or wilfully assists a subject of

      • (i) a state that is at war with Canada, or

      • (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

      to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

    • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 50;
  • 1974-75-76, c. 105, s. 29.

Marginal note:Intimidating Parliament or legislature

 Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 51.

Marginal note:Sabotage

  •  (1) Every one who does a prohibited act for a purpose prejudicial to

    • (a) the safety, security or defence of Canada, or

    • (b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Definition of prohibited act

    (2) In this section, prohibited act means an act or omission that

    • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

    • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

  • Marginal note:Saving

    (3) No person does a prohibited act within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

  • R.S., c. C-34, s. 52.

Marginal note:Inciting to mutiny

 Every one who

  • (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

  • (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 53.

Marginal note:Assisting deserter

 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

  • R.S., c. C-34, s. 54.

Marginal note:Evidence of overt acts

 In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.

  • R.S., c. C-34, s. 55.

Marginal note:Offences in relation to members of R.C.M.P.

 Every one who wilfully

  • (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

  • (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

  • (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 56;
  • R.S., 1985, c. 27 (1st Supp.), s. 8.

Official Documents

Marginal note:Identity documents

  •  (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of identity document

    (3) For the purposes of this section, identity document means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • 2009, c. 28, s. 1.
 
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